South Florida Personal Injury Lawyers Blog
Tourists and business travelers drive Florida roads every day, which means rental cars show up in a high number of crashes. If a rented vehicle hits you, you likely wonder who pays and how to hold the right party accountable. Florida law handles vehicle ownership in a distinctive way, so you should act quickly and speak with an attorney who understands these cases. You can call Friedman Rodman Frank & Estrada to discuss your options and protect your claim.
Why Rental Car Crashes Create Unique Legal Questions
Florida follows the dangerous instrumentality doctrine, which generally holds vehicle owners responsible for harm caused by someone they allow to drive. That rule sounds straightforward until a rental company enters the picture. A federal law known as the Graves Amendment shields rental companies from vicarious liability when a renter causes a crash. That protection does not cover every situation, though, which opens important paths for injured people to pursue recovery.
When A Rental Company Can Still Be Held Accountable
The Graves Amendment does not block claims for a company’s own negligence. If a rental agency knowingly rented a car with faulty brakes, ignored a tire recall, skipped required maintenance, or failed to remove a vehicle with open safety defects, that conduct may form the basis of a direct negligence claim. Claims may also arise from negligent entrustment, such as handing keys to someone who lacked a valid license or showed obvious signs of impairment at the counter. Each of these theories depends on proof, so preserving records and securing witness statements matters from day one.
Insurance Layers That May Apply After A Crash
Florida’s insurance structure often confuses people after a collision with a rented vehicle. Your Personal Injury Protection can help with initial medical bills regardless of fault. The renter may have purchased supplemental liability coverage at the counter, which can add another layer for you to pursue. The renter’s own auto policy can also apply. If the at-fault coverage proves too low, you may look to your uninsured or underinsured motorist policy. Sorting through these overlapping policies requires careful review of declarations pages, rental agreements, and endorsements. An experienced lawyer can coordinate that review and press each carrier to honor its obligations.
Evidence That Makes A Difference In Rental Car Claims
Rental cases turn on documents that ordinary crashes never involve. You want the rental agreement, any counter add-on coverage selections, maintenance logs, inspection checklists, recall notices, and incident reports created by the company. You also want the vehicle data from the rented car, along with surveillance footage from the branch or garage if negligent entrustment may be an issue. Standard evidence still matters as well. Photographs, intersection video, 911 audio, first responder records, and detailed medical documentation help link the crash to your injuries and support a full measure of damages.
Visitors Hurt In Florida Have The Same Rights
Many injured people live out of state and worry that distance will derail their claim. Florida courts handle these cases routinely. You can treat at home while your legal team pursues evidence here. Prompt action remains important because rental vehicles cycle quickly, and critical records can disappear as cars move through different locations. Early letters demanding preservation of evidence help keep that material available for inspection.
Damages Available After A Rental Car Crash
A serious collision can upend your life in an instant. You may pursue compensation for hospital and rehabilitation costs, follow-up care, lost wages, and reduced earning capacity when injuries limit your ability to work. You may also seek damages for pain, mental distress, and loss of enjoyment of life. Property damage to your car, motorcycle, bicycle, or personal items belongs in the claim as well. In cases involving wrongful death, surviving family members may bring claims for funeral expenses and the loss of support and companionship. Building a complete damages picture starts with thorough medical documentation and ends with clear presentation to the insurer or, when necessary, a jury.
Steps You Should Take Right Away
After any crash, safety comes first. Get medical attention and follow your treatment plan. Report the collision to law enforcement so an official record exists. Do not discuss fault at the scene. Exchange information with involved drivers and take photographs of vehicles, tire marks, roadway hazards, and traffic controls. Avoid giving recorded statements to insurers before getting legal guidance, especially when a rental company or multiple carriers will be involved. A single misstatement can give an adjuster an excuse to minimize or deny your claim.
How An Attorney Strengthens Your Case
Rental cases move quickly and involve many players. An attorney knows which records to demand, how to read maintenance logs, and how to identify hidden coverage. Your lawyer can coordinate experts to inspect vehicles, download data, and analyze crash dynamics. That team approach helps uncover the truth and positions you for a fair result, whether through settlement or trial. Most importantly, legal counsel shields you from insurer tactics designed to shift blame or undervalue losses.
Talk With A Florida Injury Lawyer Today
You deserve straightforward guidance and strong advocacy after a collision with a rented vehicle. Friedman Rodman Frank & Estrada helps injured people throughout Florida hold negligent drivers and companies accountable. Call (305) 448-8585 for a free consultation. Our team can evaluate your claim, secure the evidence, and fight for the compensation you need to move forward.